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2025 DAILYLAW 9586 (RAJ)

HAZARILAL S/O RICHPAL v. BANWARILAL S/O GOPAL

CR/74/2025 · 2025-03-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:13430] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 74/2025 Hazarilal S/o Richpal, Aged About 62 Years, R/o Chuna Chowk Khetri, Tehsil Khetri, District Jhunjhunu, Presently District Neem Ka Thana, Raj. ----Petitioner Versus 1. Banwarilal S/o Gopal, Aged About 76 Years, R/o Chuna Chowk Ward No. 14 Khetri, Tehsil Khetri, District Jhunjhunu, Presently District Neem Ka Thana, Raj. 2. Mukesh Kumar S/o Hazarilal, Aged About 38 Years, R/o Chuna Chowk Khetri, Tehsil Khetri, District Jhunjhunu, Presently District Neem Ka Thana, Raj. 3. Dinesh Kumar S/o Hazarilal, Aged About 36 Years, R/o Chuna Chowk Khetri, Tehsil Khetri, District Jhunjhunu, Presently District Neem Ka Thana, Raj. ----Respondents For Petitioner(s) : Mr. Deepak Soni For Respondent(s) : Mr. Deepak Gupta Dr. Yogesh Kumar Gupta HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/03/2025 1. Aggrieved from order dated 12.02.2025 in execution application No.02/2024 passed by the learned Civil Judge, Khetri, Jhunjhunu, instant revision petition is preferred by objector judgment-debtor. 2. The matter arises from judgment and decree dated 03.02.1999 in civil suit No.99/1990 which was passed on the basis of compromise between the parties. [2025:RJ-JP:13430] (2 of 2) [CR-74/2025] 3. Learned counsels for the parties have submitted photographs of the pathway/passage of 16 feet and candidly offered to remove their construction (encroachment) made after 03.02.1999 (after passing of decree). 4. Having considered the submissions of learned counsel for the parties, the revision petition is disposed of with consent in following terms: (i) Both the parties are directed to remove their encroachment from 16 feet passage or pathway so that same may not to obstruct the smooth passage of vehicles and individuals. (ii) After 30 days, if any of the party is aggrieved from non- removal of encroachment then he may approach the executing court and executive court may ascertain the encroachment after appointing a Commissioner and after considering the objections of the parties, shall pass order to execute judgment and decree passed on 03.02.1999. (iii) The trial court is directed not to execute decree in pursuant to order dated 12.02.2025. 5. The revision petition and misc. application, if any stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /35